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Federal Council

Also eliminated the hardship scheme regarding the unacceptability of cost increases in the future or the hardship test in the later following rental increase procedure is moved. Because the weighing scale is not aggravated, the lessee also given hardness reason before rent is protected. The delays incurred be dropped now, and the lessor receives substantially more planning security. With regular rent increases according to 558 BGB is provided to 15 percent in the future lowering the capping limit of 20. Auer Witte Thiel inform about regulations to Mietnomadentum the reform also sets measures to tackle the so-called Mietnomadentum even better.

Especially small landlords very benefit from these new regulations, explain Auer Witte Thiel. Courts are now obliged to process clearing things preferred. A new security arrangement can oblige the tenant for the fees incurred for long process, a Guarantee to provide and protect so the landlord before financial damage. For failure to comply with an emergency evacuation can be initiated. The so-called Berlin clearance is based on the new regulation”. The model means conducting a clearance without having the items in the apartment must be moved or stored. Still, the landlord and tenant Amendment Act treated the closure of gaps in the conversion of rental housing into condominiums. The workaround of to protect against captive layoffs for three years by the so-called Munich model”is now suppressed.

The Munich model went to the protection, in which the apartment prior to conversion into residential property purchased by a partnership could be terminated by a shareholder because of its own needs. On February 1, 2013, the Federal Council in the second round will deal with the decision of the German Bundestag to the landlord and tenant Amendment Act. Auer Witte Thiel respond to the main points and place under further information is available. About the law firm Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector.